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Matter of Children

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1989
156 A.D.2d 520 (N.Y. App. Div. 1989)

Opinion

December 13, 1989

Appeal from the Family Court, Queens County (Ambrosio, J.).


Ordered that the order is reversed, on the law and on the facts, without costs or disbursements, and the petition is dismissed.

Although the period of supervision of 18 months has expired, the adjudication of neglect constitutes a permanent, and significant, stigma. Moreover, the finding of neglect might indirectly affect the appellant's status in potential future proceedings. Therefore, the instant appeal is not academic.

Turning to the merits, we agree with the appellant that it was not established that the children in question were, or are, "[n]eglected" within the meaning of Family Court Act § 1012 (f). Although the evidence permits the inference that the mother suffers from a mental illness, it is clear that the mother's condition has been properly diagnosed, and has been successfully treated to the extent that no threat to the welfare of the children exists (cf., Matter of Moises D., 128 A.D.2d 775; Matter of Adam DD., 112 A.D.2d 493). Mangano, J.P., Bracken, Kunzeman and Spatt, JJ., concur.


Summaries of

Matter of Children

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1989
156 A.D.2d 520 (N.Y. App. Div. 1989)
Case details for

Matter of Children

Case Details

Full title:In the Matter of the H. CHILDREN. SHEILA H., Appellant; COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 13, 1989

Citations

156 A.D.2d 520 (N.Y. App. Div. 1989)
548 N.Y.S.2d 586

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